Cll Retro

[jhfleet]

Just wondered if anyone that filed an agent orange CLL claim prior to October 16, 2003 has been successful in getting VA to move the effective date back. I've appealed my effective date twice, once informally and once officially and keep getting denied. This is perplexing since there is internal VA guidance in VBA Fast Letter 06-16 stating that due to court action CLL claims will be retroactive to date of claim. Also,several BVA appeals concering the effective date of CLL claims have gone against the VA. And, a few months ago the Ninth Circuit Court of Appeals found against the VA on this matter. That court gave them an unprecedented chewing out over their foot dragging. Obviously I'll file a NOD, but I'm wondering why they persist in ignoring the courts and their own internal guidance.

[jhfleet]

My claim was received by VA on January 29, 2003. There has never been a question about the diagnosis of CLL or that it was service connected. In fact, there has never been a dispute about anything relating to the claim except my questioning of the effective date. I understand why the effective date was initially set as October 16, 2003. But, I can't understand why the VA refuses to adjust it in the face of court decisions that require it to do so.